As the nation searches for the proper peaceful remedy to the crisis known as Obama, good people of good intentions often research a common subject and arrive at a different conclusion. Such has been the case on the topic of whether or not Barack Hussein Obama can be impeached.
In a WND column dated July 14, 2011 titled Why Obama Cannot be Impeached, the writer states, “Rage continues to build across this country over the obvious forged birth certificate Barry Soetoro, aka Barack Obama, released April 27, 2011, as do calls for his impeachment. However, Obama cannot be impeached.”
The author’s position is based upon statements from Dr. Edwin Vieira, a Harvard trained attorney, who’s works are focused primarily on land rights and militias. Dr. Vieira issued his position in a 2008 piece written and released before the 2008 election, Vieira suggests that once Obama takes office via fraud, he cannot be impeached, on the basis that impeaching a usurper of the office would somehow validate his tenure in office. Is he right?
To be sure, the Obama Crisis presents a highly unusual set of circumstances, rising to the level of constitutional crisis in a number of ways. The proper peaceful remedy is indeed worthy of research and debate. Only once the people agree on a proper course of action, can action be taken… so, it is imperative that the people reach agreement on this matter.
Who is right in the debate is much less important than reaching an actionable position of agreement. The endless debate on the subject only leaves all concerned citizens paralyzed by confusion and lack of coherent direction in how to solve the crisis.
It is for this reason that I have returned to historical data on the subject of impeachment in search of the foundations for impeachment remedies found in Article II – Section IV of the U.S. Constitution.
“The President, Vice President and all civil officers of the United States, shall be removed from office on impeachment for, and conviction of, treason, bribery, or other high crimes and misdemeanors.” – Article II – Section IV of the U.S. Constitution
I fully understand and even agree with the claim that Barack Hussein Obama (aka Barry Soetoro) gained access to the Office of President via massive fraud, including identity fraud, campaign fraud and campaign finance fraud, just for starters.
I further agree that Mr. Obama’s acts during his unconstitutional and illegal seizing of the Oval Office, as well as his unconstitutional acts while in office, rise to the level of impeachable offenses, high crimes, usurpation’s and likely even treason.
But I do not agree that Obama/Soetoro cannot be removed from office via impeachment. In fact, I believe that Obama can only be removed from office via impeachment. Here’s the basis for my belief…
James Madison explained the requirement for impeachment during the debates of the Constitutional Convention of 1787: “Some provision should be made for defending the community against the incapacity, negligence, or perfidy of the chief magistrate. He might pervert his administration into a scheme of peculation or oppression. He might betray his trust to foreign powers.”
In Federalist Paper No. 65, Alexander Hamilton explained that “impeachment of the president should take place for offenses which proceed from the misconduct of public men, or in other words, from the abuse or violation of some public trust. They are of a nature which may with peculiar propriety be denominated political, as they relate chiefly to injuries done immediately to society itself.”
And indeed, in Commentaries on the Constitution, Supreme Court Justice Joseph Story (1811-1845) explained: “The offenses to which the remedy of impeachment has been and will continue to be principally applied are of a political nature… What are aptly termed political offenses, growing out of personal misconduct, or gross neglect, or usurpation, or habitual disregard of the public interests.”
Common throughout historical references to the impeachment process is the concept that a violation or breach of public trust, or habitual disregard for the public interest is the fundamental definition of other high crimes and misdemeanors, as it relates to the Founders intended use of the impeachment clause found in Article II.
The legal debate over use of impeachment concerning immunity from criminal prosecutions of any individual occupying the Oval Office is covered quite extensively here. In conclusion, seizing the Oval Office by way of fraud, usurpation’s of the office, and acting in a manner at odds with public interests, constitutional authority or in breach of the public trust, are all impeachable offenses.
In Federalist Paper No. 70, Hamilton further explained: “Men in public trust will much oftener act in such a manner as to render them unworthy of being any longer trusted, than in such a manner as to make them obnoxious and subject to legal punishment.” – “Judgment in Cases of Impeachment shall not extend further than to removal from Office, and disqualification to hold and enjoy any Office of honor, Trust or Profit under the United States: but the Party convicted shall nevertheless be liable and subject to Indictment, Trial, Judgment, and Punishment, according to Law.”
In short, the Oval Office (not the individual occupying the office) has protections against criminal charges or prosecutions during the tenure of office, be it legitimate tenure or not.
“In 1973, the Justice Department concluded that the indictment or criminal prosecution of a sitting President would